In Groves v Lord Wimborne(1878),the question was fully argued before the Court of Appeal whether a civil action lay against the occupier of a factory for failing to fence dangerous machinery asrequired by the Factory and Workshop Act,1878.The Court of Appeal decided that an action did lie and their decision has been accepted as precedent and further approved by the House of Lords in subsequent cases.
Negligence or careless conduct which injures another person does not,by itself,give a right to action under common law.Before an action for damages can be considered,there are three conditions that must be satisfied as follows:
Miss Donoghue could not sue for breach of contract as she had not bought the ginger beer in the first instance.Instead,she sued the manufacturers of the ginger beer for their negligence.
普通法 - 侵权行为的疏忽
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COMMON LAW - TORT OF NEGLIGENCE
The meaning of tort
A tort has been defined as"civil wrong for which the remedy is a common law action for liquidated damages,and which is not exclusively the breach of a contract or the breach of trust or other merely equitable obligation"(Salmond).
We generally think of murder as a crime,but it is also a tort to the person killed and to their dependants,so also is manslaughter.Theft is a crime,but it is also the tort of conversion of property.As a crime,the offender can be prosecuted and punished.As a tort,it gives rise to an action for damages.
As well as containing ginger beer,the bottle had also contained the decomposed remains of a snail.The bottle was made of dark glass,consequently the snail was not discovered until the lady was refilling her glass.
1.It must first be shown that in the particular circumstances,there was a legal duty on the part of the defendant to take care of the safety of the plaintiff.
All these elements together constitute the tort of negligence,and may give rise to a civil action for damages against the negligent person.
The overlap between tort and crime
1.Breach of statutory duty of care.
2.Breach of common law duty of care.
Common law duty of care
Common law imposes on all of us a duty to try to avoid injuring each other.This applies whether we are householders,road users,manufacturers or suppliers of goods or otherwise engaged in business,social or sporting activities involving risk of injury to others.
2015届毕业（设计）论文外文翻译
翻译题目：COMMON LAW - TORT OF NEGLIGENCE
专业班级：安全工程（01）班
学 号：1101050102
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指导教师职称：讲师
学 院 名 称：资源与土木工程学院
完成日期：2015年6月 1日
COMMON LAW - TORT OF NEGLIGENCE
“Who then in law is my neighbour?The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.”-Lord Atkin's‘Neighbour Principle.
The case of Donoghue v Stevenson is one of the most important cases in the law of torts.Since,judicial interpretation has been outlined as follows:
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injucondly,the plaintiff must demonstrate that the defendant's negligent conduct resulted in a breach of that common law duty of care.
3.Thirdly,the plaintiff must have received injuries,damage or other loss as a direct result of the defendant's negligent conduct.
The House of Lords held that the manufacturer did owe a duty of care to the consumer,and hence,was liable.
Note:Manufacturers owe a duty of care to the ultimate consumer of their products.
-negligence
-nuisance
-defamation
-conversion
-trespass of goods
-trespass to a person
-trespass to land
Tort of negligence
What is Negligence?
"Negligence is the omission to do something which a reasonable man,guided upon those considerations which ordinarily regulate the conduct of human affairs,would do,or something which a prudent and reasonable man would not do."-Judge Alderson in Blyth v.Birmingham Waterworks Co.(1956).
Basically,a tort is a civil wrong,as distinct from a criminal wrong.One individual committing a wrong against another individual commits a tort.
Major torts are:
Case:Donoghue v Stevenson 1932
A man bought from a retailer a bottle of ginger beer manufactured by the defendant.The man gave the bottle to his lady friend who became ill after drinking part of its contents.